California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 26 - Wastewater Treatment Plant Classification, Operator Certification, and Contract Operator Registration
Article 3 - Grade Levels of Operator Certification
Section 3680.2 - Provisional Operator

Universal Citation: 23 CA Code of Regs 3680.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) An owner of a Class I wastewater treatment plant must receive written approval from the Office of Operator Certification before using a provisional operator. The owner shall demonstrate that the owner has had difficulty hiring, despite due diligence, a certified operator to operate the wastewater treatment plant. The owner shall submit a written request for approval to use a provisional operator, a $1,000 request to use a provisional operator fee, a copy of the wastewater treatment plant's waste discharge requirements and standard operating procedures, and a written plan that includes:

(1) a description of the duties that the provisional operator will be performing at the wastewater treatment plant, the provisional operator's work schedule, and a requirement that the provisional operator submit a copy of the wastewater treatment plant's monitoring reports to the Office of Operator Certification;

(2) a description of the training that the provisional operator will receive on proper sampling procedures, the wastewater treatment plant's standard operating procedures, and the wastewater treatment plant's waste discharge requirements;

(3) the procedures for testing the provisional operator's proficiency performing proper sampling procedures and understanding of the wastewater treatment plant's standard operating procedures and the wastewater treatment plant's waste discharge requirements;

(4) the written agreement with a certified operator, a registered contract operator, or another wastewater treatment plant, providing that a certified operator will communicate with, and provide assistance to, the provisional operator when the provisional operator needs direction and the procedure that the provisional operator will use to request this assistance; and

(5) the written agreement with a certified operator, a registered contract operator, or another wastewater treatment plant, providing that a certified operator will assist the provisional operator when the provisional operator is unable to carry out the responsibilities of the position of "chief plant operator" as defined in section 3671 and the procedure that the provisional operator will use to request this assistance.

(b) The owner shall provide to the appropriate Regional Water Board, a copy of the request for approval to use a provisional operator and the written plan prepared pursuant to subdivision (a).

(c) Except as provided in subdivision (d), the Office of Operator Certification shall approve the request to use a provisional operator if the owner submits a complete request to use a provisional operator and the written plan prepared pursuant to subdivision (a) provides that the provisional operator:

(1) will submit a copy of the wastewater treatment plant's monitoring reports to the Office of Operator Certification and will not supervise an operator, another provisional operator, or an operator-in-training or appoint a designated operator-in-charge;

(2) will receive training acceptable to the Office of Operator Certification on proper sampling procedures, the wastewater treatment plant's standard operating procedures, and the wastewater treatment plant's waste discharge requirements;

(3) will demonstrate proficiency performing proper sampling procedures and an understanding of the wastewater treatment plant's standard operating procedures and the wastewater treatment plant's waste discharge requirements;

(4) has the ability to communicate at all times with a certified operator; and

(5) has the ability to request assistance from a certified operator when the provisional operator is unable to carry out the responsibilities of the position of "chief plant operator" as defined in section 3671.

(d) The Office of Operator Certification shall consult with the Regional Water Board and may conduct an inspection of the wastewater treatment plant before approving or denying the request to use a provisional operator. The Office of Operator Certification may refuse to approve the request to use a provisional operator if the owner fails to demonstrate that the owner exercised due diligence but had difficulty hiring a certified operator to operate the wastewater treatment plant, or if the written plan does not ensure the protection of human health, safety, and the environment.

(e) An approval to use a provisional operator granted by the Office of Operator Certification shall be valid for five years.

(f) The following process shall govern any changes to the written plan approved pursuant to subdivision (c):

(1) At least 30 days before implementing any changes to the written plan, the owner shall notify the Office of Operator Certification and the appropriate Regional Water Board in writing of the proposed changes.

(2) Within 30 days of receiving notice of the proposed changes, the Office of Operator Certification shall provide written approval of the proposed amended plan in accordance with subdivision (c) or notify the owner that the proposed amended plan does not meet the requirements for using a provisional operator as prescribed in subdivision (c).

(3) The owner shall not amend the written plan as proposed if the Office of Operator Certification notifies the owner that the proposed plan does not meet the requirements for using a provisional operator as prescribed in subdivision (c).

(g) The Office of Operator Certification may revoke its written approval of request to use a provisional operator if it determines that the written plan on which approval was based has been violated.

(h) A provisional operator shall be solely responsible for the operation of a Class I wastewater treatment plant. In no event shall a provisional operator supervise an operator, another provisional operator, or an operator-in-training or appoint a designated operator-in-charge.

1. New section filed 1-28-2013; operative 4-1-2013 (Register 2013, No. 5).

Note: Authority cited: Sections 1058, 13627, and 13628, Water Code. Reference: Sections 13627 and 13628, Water Code.

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